A close-up look at NYC education policy, politics,and the people who have been, are now, or will be affected by acts of corruption and fraud. ATR CONNECT assists individuals who suddenly find themselves in the ATR ("Absent Teacher Reserve") pool and are the "new" rubber roomers, and re-assigned. The terms "rubber room" and "ATR" mean that you or any person has been targeted for removal from your job. A "Rubber Room" is not a place, but a process.

Thursday, September 16, 2010

NYSUT and The Gotcha Squad, Together At Last By Betsy Combier

A very funny thing happened today at the New York City "Gotcha Squad" (3020-a arbitration, 51 Chambers Street, 6th Floor).

I was verbally attacked by Naeemah Lamont, the BOE Attorney currently swinging her machete at me as Director of the "Teacher Performance Unit" or "TPU", at the suggestion of newly hired NYSUT Attorney Dan Bright. Thanks, people! I have 20 witnesses who saw what happened, including the Hon. Arbitrator Arthur Riegel.

Let me start with a little bit of background. In 2003 I was invited to be on a television show with a former teacher whose name may be known by some out there: David Pakter. While waiting to go on air, David told me about the "rubber room" he was in, and asked me to attend his open and public 3020-a hearing. His case started with his videotaping (with the consent of the teacher) a group of white elementary students from PS 59 in a music classroom at the High School of Art and Design, after the Principal of the high school, Marianne Appell (now at Kingsborough Community College) rented the room out because she told Pakter words to the effect of "black kids dont need music." So, she took music out of the high school curriculum and rented the music room to PS 59, and David thought this wasnt right.

Thus I started attending 3020-a hearings for any teacher who asked me to attend. I was fascinated. What kind of proceeding was the "3020-a? My dad was Assistant Attorney General for the State of New York for 20-22 years (he worked with Louis Lefkowitz), so I had a good idea what juries and courtroom hearings were like, but a 3020-a is not a trial. It's called "Arbitration", but it isnt that either. It's a creation of the great minds of Mike Bloomberg, Joel Klein, David Brodsky (Director of Labor Relations), Theresa Europe (Director of the Administrative Trials Unit), Claude Hersh and James Sandner (NYSUT), and the New York State Education Department. Oh yes, and the New York State legislature, who voted for Mayoral control in New York City. What a mistake.

The goal of a 3020-a is to punish you for allegations of wrong-doing that your Principal says are true. But Bloomberg and his gang made a crucial error - actually they made many errors - but one is that they forgot to repeal Education Law Article 61 3020-a which is IN THE PACKET OF ALL TEACHERS SENT 3020-A CHARGES UNDER APPENDIX A: before any specification can be given to a tenured teacher the spec has to be voted on by the school board. AFTER the charges are voted on, then the teacher can receive them. The Arbitrator on the 3020-a panel is not given the authority to decide Just Cause.

More, much more, about all of this later on, another day.

What is important here is that since 2003 I have attended these 3020-a "arbitration-like" hearings because teachers asked me to be there, and this is their right to request. I have spent seven years observing, as a volunteer and a reporter, who does what to whom, writing notes on what is wrong and who lies, as well as doing whatever is necessary to help provide a winning defense, never speaking on the record. Most NYSUT attorneys pushed me away, and yet every once in a while a NYSUT attorney listens to his or her client, and the case moves forward in the right direction. While I was working for the UFT I was told that I was forbidden from attending the 3020-a, but I worked only part-time (thanks Randi!) and I ignored these baseless suggestions. No one paid me to do this story called the "NYC Rubber Rooms and 3020-a".

Three teachers I know were scheduled to appear at 51 Chambers Street on the morning of September 15 for their 3020-a hearing, mediation/settlement/extortion/ or other. I was asked to attend a 3020-a for a teacher, but when I got to the 6th floor, I saw another teacher sitting in the corner of the waiting room looking like she was extremely upset. I knew this person, and went over to her to talk with her. She told me that her new NYSUT Attorney Josh wanted her to retire immediately and to agree never to work for the NYC DOE again, in any capacity. She felt that he was threatening her into signing this agreement. I suggested that she tell her attorney she was uncomfortable with these terms. At a morning break of the other teacher's hearing, I went to the hallway, and the upset teacher was there. She begged me to speak with her Attorney with her, as she felt that he was not listening to her at all. I said, "sure!" So, I, upset teacher and NYSUT attorney Dan Bright talked outside the waiting room area at the back elevators (49 Chambers Street). I repeated over and over that I was not an Attorney, only an advocate, and that the teacher asked me to talk with him (Dan). The teacher was there too. Then I went back to the hearing of another teacher.

At lunchtime, A group of us were going out, when I heard "Betsy!!" I turned around, and Naeemah Lamont came over to me, stood 5 inches from me and screamed at the top of her lungs, "Just WHO do you think you are? Why are you HERE? You cannot attend a hearing that is not open, (pointing to the upset teacher, standing closeby with 20 other people - remember, I was not attending her hearing), and you are giving legal advice without being an Attorney. You are not an Attorney!!!!!"

I said, "What legal advice??? You have been misinformed".

Lamont added, "Oh, so you are an Attorney."

I said, "No, I'm not, I dont give any legal advice, and if you are going to attack me, I want this on the record."

Lamont: "This is not going to be on any record."

And walked away.

Later in the afternoon I saw the upset teacher again, and told her that everything would be ok, because she was in quite a state of anxiety. She felt that I was being attacked for no reason, and it was her fault. I told her that it wasnt anything to do with her. I turned around and saw that Naeemah and BOE Attorney and attack dog Dennis Da Costa were standing behind me. Naeemah started screaming all over again, about how I could not speak with this person, I was simply WRONG about everything, and I gave WRONG legal advice. Dennis laughed.

I started walking away, saying that I would find a court reporter to put all of this on the record, and promised her and Dennis that I would write about both of them for my blog. Naeemah said, "Go ahead". As I walked away, Nameeah's final scream was heard throughout the 6th floor: "I have a computer too, you know!!!!!!!!!!"

At the same time, NYST Attorney Josh was in a hearing arguing the merits of 2590-j(7)(B).

The point of my telling this tiny tidbit is to show how NYSUT Attorney Dan Bright went directly from meeting with me and his client to the NYC BOE "Gotcha Squad" and lied to Theresa Europe and/or Naeemah about what I had said to him with his client.

Be very careful of saying anything or working with NYSUT. They do not seem to be on your side.

Betsy Combier
Below is the definition of the TPU, Lamont's group:

The Teacher Performance Unit (“TPU”) is a new unit comprised of experienced attorneys who will litigate incompetence cases against ineffective tenured pedagogues. TPU’s goal is to help improve teacher quality in schools by bringing and litigating these cases in a thorough, expeditious and effective manner.

In partnership with the consultants of the Labor Support Unit (“LSU”), TPU will offer high quality and responsive support to principals, and other school officials in connection with cases involving previously identified tenured teachers in need of support and remediation. This support will include, among other things, providing these ineffective tenured teachers with quality professional development.

Additionally, TPU in consultation with the principal will make a determination, on a case by case basis whether to commence the 3020-a process. Thereafter, TPU and LSU will continue to provide counsel to the principal and other school officials in connection with the preparation and litigation of 3020-a disciplinary charges.

Oh - let me add that for some reason, NYSUT and the UFT believe that I will slink away into the night, never to be heard from again? Nope, nyet, nada, wont happen, at least as long as there are UFT reps and NYSUT Attorneys who do not return telephone calls, and have disdain for the professionalism of re-assigned teachers and those made into "ATRs" which is, by the way, NOT A RECOGNIZED TITLE.

Thanks to Fidgity for the following, a blog post on the blog that follows my introduction on my website Parentadvocates.org:

I just called Brooklyn UFT rep. Alan Weinstein at his office and left a message that I would like to speak with him about a Principal from hell, and he left me a message in which he said "sorry, but in what capacity are you calling me?" I guess he doesnt remember that before, during, and now after I worked for the UFT I was and still am an ADVOCATE for justice, due process, and the right to speak out against wrong-doing of any kind. Rather than explain more right now, I'm re-posting an article from the blog "Fidgity" who is a teacher placed in a Rubber Room for no reason at all. Enjoy.

They say that there is an exception to every rule- and when it comes to the Useless UFT, that exception comes in the form of a beautiful, green eyed blonde, an unconventional, bright and passionate woman named Betsy Combier.

The first time that I met Ms.Combier was almost three years ago. She walked into our Rubber Room wearing an embroidered suede jacket and up to the knee high heeled boots. Unlike most of the women who work for the UFT, Betsy exuded a refreshing warmth and feminine quality. In a sweet and soft voice, Betsy introduced herself as someone who would be coming once a week to assist reassigned teachers with any problems or questions they may have. She greeted some of the teachers that she already knew and then proceeded to personally introduce herself to each and every new face. As she approached where I was sitting, one of the teachers quickly whispered,"Don't trust her." "Why?", I asked. That teacher put her head down as Ms. Combier greeted me. Although her warmth and openness was indeed refreshing, I cautiously welcomed her into my space. She handed me her card and told me to call her anytime I needed to talk. Soon after meeting her, I learned that Betsy had several blogs and was involved in advocating for the rights of students, parents and teachers. Having been a PTA president and raising four daughters in the Public school system, Betsy knew the system from many angles. She attended PEP meetings where she spoke out for the rights of the RR teachers, questioned the inflated power of the principals, the agenda, our Mayor and the unqualified Chancellor-without-a-contract.

The following week, Ms. Combier entered our RR wearing a flouncy skirt and carrying a fringed handbag. I could hear her in the hallway making small talk with the horrible Mr. Warden before entering the RR as scheduled. Two of the teachers immediately grabbed her ear, taking her to the private "staircase" in the hallway to talk.

Besides providing answers, listening to the teachers and following up on all inquiries, the difference between Betsy Combier and the rest of the UFT Reps was that Betsy came with no agenda. Having been hired only part time by Randi Weingarten to support the reassigned teachers in the RR, Betsy gave her support in the only way that she knew how...FULL time. Here is a woman who does not drive or ride the subway, but somehow managed to spend everyday, yes, EVERYDAY of the week visiting a different RR facility throughout the city or talking with distraught members of the TRCs. On a salary that barely covered her expenses, Ms. Combier never missed an opportunity to talk to, advise, assist and console hundreds of reassigned teachers over a seven year period. Unlike the other unapproachable, angry and aloof Useless UFT Reps (they know who they are) who shamelessly looked at their watches, worried about the running meter, came empty handed and stayed only long enough to say that they 'showed up', Betsy genuinely wanted to be there. Betsy sat amongst the teachers, never looking at the time, never making excuses. If for some unavoidable reason, she'd be late, Betsy would call one of us on our personal cell phones to let us know. If that wasn't enough, Reassigned teachers called Betsy early in the morning and all hours of the night when sleeping seemed like an impossible feat. Betsy knew the teachers. She knew their pain and hurt. She felt their frustration. She guided and empowered them to help themselves. Singlehandedly, Ms. Combier made up for the shortcomings and absence of all of the UFT reps that I have ever met. Those who allowed themselves to know her, loved her and still do. Those who doubted her sincerity were obviously afraid of her unconventional warmth and wisdom; do you blame them after the way they the UFT treats them?? However, those who didn't know her, missed out on her natural gift for being a true PEOPLE advocate and great friend.

One would think that by the way I have described Mrs. Combier, the UFT would recognize and value her for the rare GEM that she is.

Why then is Ms. Combier no longer employed by the UFT? Shockingly, the only thank you that Ms. Combier received for seven years of dedicated service to the UFT was a Pink slip on July 7, 2010. She was told by UFT Co-Staff Director Ellie Engler that the UFT no longer needed her service since the Rubber Rooms were to be closed. Ellie Engler is the very same person who did everything in her power to make Betsy's life at the UFT as difficult and uncomfortable as possible.

In 2009, Ms. Engler told Betsy to pack up her office at 52 Broadway because it was needed by the UFT for someone else. She promised to provide her with boxes and an alternative office location by the next day. At 6PM on the following day, there were still no boxes and nowhere to move them to. She was told to contact David Hickey, but received no response to her messages. After filling up several black trash bags with her papers and files, Betsy removed most of her things with the help of a teacher friend. After several months of working without an office, the Queens TRC liason asked Leroy Barr for an explanation. Several UFT members wanted to meet with Betsy, but without an office, this was impossible. After walking around the 16th floor, Mr. Barr located the telephone that had Betsy's number hooked up to a remote desk somewhere on the other side of the building. This, he told her, would be her new "office". Betsy's only request was that her files from her old office be safely moved to her new location. However, most of the files from her old office were never found.

The harassment continued after the Christmas break when Betsy returned to find that her cubicle had been moved by Ellie Engler and that her computer and telephone had disappeared. After scavenging for her things, Betsy's telephone was eventually found on the 11th floor.

After Betsy made several requests to Ms. Engler for her newly printed UFT business cards, Ms. Engler asked that Betsy take down the posts on her blog, NYC Rubber Room Reporter that contained Theresa Europe's name. (Theresa Europe is in charge of the DOE attorneys in The "Gotcha Squad") Betsy refused Ms. Engler's request and in turn, never received her cards. In addition, Adam Ross, the Attorney for Mike Mulgrew, told Betsy that she is to refrain from filing any FOIL (Freedom of Information requests) of anyone who is employed by the NYCDOE. Because Ms. Combier refused to heed these requests, she was fired. (Yet in her agreement it says she is hired to help any member in the TRC or elsewhere who needs help, and continue to write and advocate for people she assisted before she worked for the UFT) Ms. Combier may have been fired by the UFT, but she has not stopped working on behalf of the UFT's teachers who are still very much in need of her valuable knowledge and assistance.

Now, Betsy is pursuing her advocacy outside of the UFT from her office at home. Her email is betsy.combier@gmail.com. I know she will be there for you, me, and anyone who needs help. Shame on the UFT for firing one of our most dedicated and productive representatives.

Are you reading this, Mr. Mulgrew, Ms. Engler and Mr. Hickey?

Mike Mulgrew and Ellie Engler

7 responses:

Chaz said...
I could not of said it better myself. Betsy Combier is one of the heroes.

September 16, 2010 5:58 PM

Fidgety said...
Thank you Chaz. Betsy is definitely an "Unsung Hero" in the eyes and hearts of many teachers....The Union Leader's failure to recognize this is a great loss to all of its' members.

September 16, 2010 6:33 PM

Polo Colon said...
Betsy has withstood the most undeserved asinine insults from both UFT and DOE detractors who hate her for exposing their collusion.
I have been a victim of both the UFT and DOE's legal scams! Only NYS Education Law (even with its flaws), the Constitution and Betsy Combier helped to defend me against the devious onslaught of their not-so-secret partnership!
Shame on all those clowns and monkeys who tried to destroy Betsy for being the best!

September 16, 2010 10:14 PM

DAVID PAKTER said...

Re the following Quote:
"Betsy is definitely an "Unsung Hero" in the eyes and hearts of many teachers....The Union Leader's failure to recognize this is a great loss to all of its' members".

Please-Let us just tell it like it is, as the legendary Gil Nobel of ABC News would always say.
The so-called Union Leader and his legions of lackeys do not "fail to recognize" anything.
It is precisely because they do recognize that Betsy Combier is a natural born Hero and take charge Leader that the UFT felt they had to push her out of the UFT and ASAP.
And on the contrary, she is not at all an "Unsung Hero" in the eyes and hearts of NYC Educators.
Ms. Combier's sterling reputation for integrity, razor sharp intelligence and plain old fashioned guts, made it mandatory in the sick minds of the UFT power brokers that they must "disappear" Betsy Combier just as fast as they could from 52 Broadway.
Corruption and party politics do not thrive well when someone is around shining the cold light of truth and honesty on the scene.
Strange that I have never noticed anyone observe that the NYC DOE's charlatan of a Chancellor's business card carries the same number for the building address as the UFT- the number " 52 ".
How strange is that?
Or maybe given what we have seen happen to New York City's dedicated Teachers during the past ten years, (and growing worse)- the coincidence of both the DOE and the UFT being located at Headquarters with the number 52 is more than mere coincidence.
I never had much patience with the practice of trying to make nice with people who are ethics and morals challenged.
The forces at the UFT who decided to fire Ms. Combier have a lot in common with the agenda driven creeps at the forefront of the school Charterization movement as well as the DOE.
That agenda is to look out for "Number One" and keep the good life and the perks rolling on as far as the eye can see.
The "cannibals" running the Charter movement could not care less about the children of NYC.
And the opportunists who have managed to hijack control of a once great and proud Labor Union called the United Federation of Teachers could not care less, deep down, for the present Hell that UFT members must work and teach in on a daily basis.
Even those Teachers who have not been ATR'd into oblivion and are fortunate to have their own classroom must suffer the humiliation of going to a job each day where one always runs the risk of instant and Hellish payback and punishment if they dare to speak up and speak out to protect themselves and their own and their students' rights.
Betsy Combier was and will always remain a human being who is not afraid to carry a target on her back.
Betsy Combier possesses real backbone, true grit and true moral courage- things they do not teach the newbies in Joel Klein, Esq.'s hypocritical so-called "Leadership" Academy.
There the "learning" is about how to intimidate, threaten and Railroad innocent teachers out of the system and out of their careers and their livelihood. That is "Introductory Education Course 101".
Are dues paying NYC UFT Member Teachers getting proper employment protection, these days vis a vis the NYC DOE and ethics challenged Joel Klein ?
Please- don't make me laugh.
Betsy Combier put her personal economic security on the line to do the right thing and stand up and protect the Rights of any and every Teacher who came to her for help.
But that put her squarely at odds with the agendas of two powerful forces whose headquarters are not located that far apart.
"52" this, "52 that". You say potato- I'll say tomato.
What's the difference between them. Let's wake up and smell the coffee and call the whole thing off.
A pox on both their houses.
And a woman who was the best friend NYC Teachers ever had was very ill treated by people who never learned that there is such a thing as the word "Decency".

September 17, 2010 3:51 AM

Anonymous said...

I am an NYC teacher who has never met Betsy Combier and know of her amazing work only through teacher blogs. Her heroism comes through every time. If there is ANY way we, the union members, can help her now, please let us know. If she needs economic assistance (due to bogus firing), I will personally contribute and fund-raise for her! We heart Betsy!

TV Appearances by Betsy Combier

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Contact me with a concern or issue

I assist anyone who needs help, so email me your problem to start the ball rolling! I am a teacher/parent advocate, and I am the editor/writer for this blog and the website parentadvocates.org. I also write about court corruption on my blog "NYC Court Corruption". I am interested in random injustice and the criminalizing of innocent people. If you want to chat you may email me at: betsy.combier@gmail.com and I'm on twitter and have a facebook page too. I'm not an attorney and do not give legal advice.

If you want to talk with me about your 3020-a charges, I consult and go over your case without charge. No fee.

And, in response to the lies of certain individuals who resent my work, the truth is that all conversations are confidential and I do not tape secretly.

Testimonial from an Exonerated Teacher

Dear Betsy,I am forever indebted to you, Betsy, for your expert counsel throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn't even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent.Sincerely,Maria Gargano

My Thoughts and Raison d'etre

This blog is about the denial of Constitutional rights by the Mayor, the New York City Department of Education and the Chancellor, New York State and Federal Courts, New York State legislature, and the United Federation of Teachers (UFT), as well as PACs and all parties participating in the business of public school education in New York City, to harm and in neglect of parents, children, and staff of public schools in the five boroughs. These thoughts are not simply mindless conclusions reached out of thin air, but a result of 14 years of research into the NYC DOE and the Courts as a reporter and paralegal.
I am an advocate of Unions and union rights, public schools and charters, and learning online as well as outside of the classroom. I cannot and do not support anyone, whether they be union management, government, private members of the political or legal system, or simply retired teachers with an agenda, if he or she tramples, discards, or rebuffs anyone's individual civil rights. As a reporter, journalist, advocate, researcher and paralegal, I have created this blog to inform the public about my experience working for the UFT and being the parent of four daughters who went through the public school system in NYC, as well as examine issues that flow from the massive denial of due process rights that I saw and have documented. The two most important points you should remember: first, everyone at the New York City Board/Department of Education and all Union bigs are motivated by power and money, and looking good. If anyone dares to blow the whistle on these racketeers, retaliation follows, so be a strategist; second, I am not an Attorney and nothing I write or say is legal advice, simply my thoughts. Take 'em or leave 'em.
Betsy Combier, Editor
NYC Rubber Room Reporter
http://nycrubberroomreporter.blogspot.com
New York Court Corruption
http://newyorkcourtcorruption.blogspot.com
Parentadvocates.org
http://www.parentadvocates.org
Facebook: http://www.facebook.com/betsy.combier
Twitter: http://twitter.com/BetsyCombier
The NYC Public Voice
http://nycpublicvoice.blogspot.com/betsy.combier@gmail.com
Lawline July 27, 2011
http://www.teachem.com/lawlinetv/learn/lawline-tv-teachers-unions-the-last-in-first-out-rule/

Principal Anne Seifullah changes her image so that she can keep her job amidst sexting and trysts in the school, Robert Wagner Secondary Sch...

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When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly. Patrick Overton

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Performance Management - Office of Labor Relations

From Betsy Combier

The NYC Office of Labor Relations, with the support of the UFT, has issued to principals a document called"Performance Management" on how to get rid of an incompetent teacher. Who is an "incompetent teacher"? Anyone the NYC Department of Education wants to remove from the system because he/she is too senior (makes too much money), is disabled (and therefore cannot be deemed factory-perfect) and/or is other impaired (is a whistleblower, cannot be intimidated, is ethnically challenged - not the 'right' race, etc).

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"Rubber Room"

(1) a space where a worker subject to a disciplinary hearing or other administrative action waits and does no work; generally, a place or personal mind-set of isolation.(2) a literal reference to a padded cell, which is, according to the New Oxford American Dictionary, “a room in a psychiatric hospital with padded walls to prevent violent patients from injuring themselves.”from Double-Tongued Dictionary http://www.doubletongued.org/index.php/dictionary/rubber_room/

"Rubberization"

The word "rubberization" is a new word that is used to describe the process of assigning and paying people to sit and do nothing in a drab room away from their place of employment while their employers make up charges that allege sexual or corporal misconduct without any facts upon which to base the allegation on.

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UFT Pres. Mike Mulgrew and NYC Mayor Mike Bloomberg

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ATR CONNECT

Tenured Teachers who are found to be guilty of misconduct or incompetency at 3020-a but are not terminated, who have blown the whistle on the misconduct of politically favored NYC Department of Education employees, and/or who are simply disliked for any reason can suddenly find themselves in the ATR ("Absent Teacher Reserve") pool - employees without rights or voices, and without chapter leader union representation.

This new group of people are the "new" rubber roomers without representation at the UFT and denied the protection of the Collective Bargaining Agreement, because basically they have been pushed out of their jobs unfairly and under color of law by Mayor Bloomberg and the Chief Executives of the Department of Education who call themselves "Chancellors", "Network Leaders", "Superintendents", etc., consistently without any facts or evidence to support the false claims.

A group of teachers who are, or were, made into ATRs, ATR Polo Colon, and I, Betsy Combier, an advocate for transparency and labor/employment rights, have joined together to expose the denial of due process, civil and human rights by chiefs of the NYC Department of Education (NYC DOE), certain arbitrators at 3020-a, leaders of the United Federation of Teachers (UFT), the "investigators" -agents who work for the Special Commissioner of Investigation (SCI), Office of Special Investigation (OSI), and the Office of Equal Opportunity (OEO) - and the Attorneys who work for the New York United Teachers (NYSUT), and the New York Law Department (Corporation Counsel).

In order to protect the safety of those who join this group to promote an end to the "Rubberization" process described on this blog since 2007, names of those who tell their stories will, for now, remain anonymous if the person so desires, and Polo and I will be the gatekeepers. So if you are an ATR, or know a story involving an ATR or someone re-assigned or about to go into a 3020-a, please use the email address advocatz77@gmail.com and give us your contact information. We will protect your anonymity and hold onto your privacy.

Betsy Combier and Polo Colon, Editors

FAITH When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly.

Patrick Overton

We have forty million reasons for failure but not a single excuse.Rudyard Kipling (1865-1936)

The Re-Assignment Overview by Betsy Combier

The New York City Board of Education decided in 2002 to rid the public school system of staff who interfered with their takeover and control. The criteria for a "good teacher" is now, more often than not, a "silent teacher", a person who never asks questions, is younger than 40, is making a salary below $50,000, does not care about kids and what they learn, or whether or not money (books, supplies, equipment, etc) is missing. When a teacher or staff member of a school dares to do the right thing and speaks out about wrong-doing - this person is often called a "whistleblower" or "flamethrower" - or, simply is not liked for any reason by the Principal/NYC personnel, suddenly he/she is accused of something by somebody ("given a label of "A", "B", "C", and so on) and whisked away to a drab room called a temporary re-assignment center or "rubber room". Members of the offices of the Special Commissioner of Investigation or the Office of Special Investigations then start work on building a case against the person to justify their being thrown in prison, declared "unfit for duty", or, as Mr. Joel Klein has said, characterized as "guilty of sexual activities and corporal punishment" against the children of New York City.The stories of the people I have met who sit every day in the 8 rubber rooms of NYC prove to me that Mr. Klein is very wrong about his assessment, and this blog is created to prove it to you.

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Aeri Pang, Gotcha Squad Attorney

Attorney Pang, red dress, now chief Attorney For New York State Supreme Court Judge Cynthia Kern

New York State Supreme Court Judge Cynthia Kern

NYC EdStats You Can Use

$12.5 billion: Annual New York City Department of Education (DOE) budget (2002)

$21 billion: Annual New York City DOE budget (2009)
1,719: Number officials employed by the DOE central administration in June 2002

2,442: Number of officials employed by the central administration as of November 2008

2: Number of DOE officials earning more than $180,000 per year in 2004.

22: Number of DOE officials earning more than $180,000 per year in 2007.

5: Number of DOE public relations staffers in 2003.

23: Number of DOE public relations staffers in 2008.

944: Number of contracts approved by DOE in 2008, at a total cost of $1.9 billion.

20: Percentage of contracts that exceeded estimated cost by at least 25 percent.

$67.5 million: Annual budget of Project Arts, a decade-old program that was the sole source of dedicated funding for arts education. It was eliminated in 2007.

86: Percentage of principals who said in a 2008 poll that they were unable to provide a quality education because of excessive class sizes in their schools.

100,000: Number of seats DOE plans to provide for charter school students by 2012.

25,000: Number of seats DOE plans to build under 2010 to 2014 capital plan.

66,895: Number of K-3 school-children in classes of 25 or more during the 2008-09 school year.

15,440: Average number of seats per year built during the last six years of the Rudolph Giuliani administration.

10,895: Average number of seats per year built during the first six years of the Bloomberg administration.

27.2: Percentage of newly hired teachers in 2001-02 who were Black.

14.1: Percentage of newly hired teachers in 2006-07 who were Black.

53.3: Percentage of newly hired teachers in 2001-02 who were white.

65.5: Percentage of newly hired teachers in 2006-07 who were white.

76: Percentage of white and Asian students who performed better than the average Black and Latino students in 8th grade English Language Arts (ELA) in 2003.

75: Percentage of white and Asian students who performed better than the average Black and Hispanic students in 8th grade ELA in 2008.

77: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2003.

81: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2008.

54: Percentage of New York City public school parents who disapproved of Mayor Bloomberg’s handling of education, according to a March 2009 Quinnipiac poll.

Sources: New York City Council, New York City Comptroller’s Office, New York Daily News, New York Post, Eduwonkette, Quinnipiac Institute, Black Educator, Class Size Matters, New York City Schools Under Bloomberg and Klein.

Betsy Combier and NYSUT lawyer Chris Callagy

The New York City Whistle Award

NYC Whistlers, Winners of the NYC Whistle Award

...are those individuals in New York City who are willing to whistleblow unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status. Whistlers ask questions that need to be asked, such as "where is the money?" and "Why does it have to be this way?" and they never give up.

These people have withstood adversity and have held those who seem not to believe in honesty, integrity and compassion accountable for their actions.

Congratulations, and keep up the good work!

Betsy Combier

Special Commissioner of Investigation Richard Condon

Condon "qualified" for his current post after Bloomberg lowered standards; who will leash him?

A great teacher

After being interviewed by the school administration, the prospective teacher said: 'Let me see if I've got this right.

'You want me to go into that room with all those kids, correct their disruptive behavior, observe them for signs of abuse, monitor their dress habits, censor their T-shirt messages, and instill in them a love for learning.

'You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their sense of self esteem and personal pride.

'You want me to teach them patriotism and good citizenship, sportsmanship and fair play, and how to register to vote, balance a checkbook, and apply for a job 'You want me to check their heads for lice, recognize signs of antisocial behavior, and make sure that they all pass the final exams.

'You also want me to provide them with an equal education regardless of their handicaps, and communicate regularly with their parents in English, Spanish or any other language, by letter, telephone, newsletter, and report card.

'You want me to do all this with a piece of chalk, a blackboard, a bulletinboard, a few books, a big smile, and a starting salary that qualifies me for food stamps. 'You want me to do all this and then you tell me. . . I CAN'T PRAY?

NYC Police Commissioner Ray Kelly

Joel Klein's famous statement about rubber room teachers and staff

On November 27, 2006, temporarily re-assigned teacher (TRT) Polo Colon asked Joel Klein, the "pretend" Chancellor of the NYC public school system, if he had voted to terminate teachers at the secret Executive Session held just before the public meeting of the Panel For Educational Policy.Mr. Klein answered,"We did not vote to terminate you. We did vote to terminate a teacher in executive Session...in fact, we voted to terminate two teachers. It's perfectly consistent with the law.Many teachers have been charged with sexual activities and some are charged with corporal punishment...I have no interest in removing people who are qualified to teach, I can assure you, because I dont get any return...and in fact, I have complained publicly about how long this process drags out. But our first concern will always be and, as a former lawyer and somebody who clerked on the United States Supreme Court I will tell you, there is no violation of due process whatsoever..."- extracted from the audiotape of the PEP meeting bought by Betsy Combier after filing a FOIL request to the NYC BOE

November 26, 2007 Candelight Vigil

The School Law Blog

A Review of Battling Corruption in America's Public Schools by Betsy Combier

Lydia Segal's book puts the NYC, Chicago, and California Departments of Education on notice....we who have read this book know more about how the system is not there for our kids than "you" want us to know. Lydia Segal's book Battling Corruption in America's Public Schools changes the public school reform movement forever. We can no longer assume that more money allocated to our schools will "fix" the disaster that is our public school system.

Lydia Segal draws on her 10 years of undercover investigation and research in over five urban school districts, including the three largest, New York City, Los Angeles, and Chicago, and the two most decentralized, Houston and Edmonton, Canada, to provide, in her new book Battling Corruption in America's Public Schools, the details of the corruption, theft, fraud, and patronage that has overrun our public school establishment for several decades. There is no question that anyone who is interested in school reform -this means anyone who pays taxes, is a parent or guardian of a child attending school and/or who works toward a goal of establishing an education system that puts children first - must read this book. Ms. Segal's research and information on the education establishment's 'dark' side outrages the reader, and incites us to demand change. Her book therefore, is much more than a book, it is a call to action. We cannot be bystanders any longer to the systemic abuse she so vividly describes, and we will never be able to listen in the same way ever again to school Principals, Superintendents, school custodians or district board members as they request more money "to help the children."

The book's detailed reports on the corruption and crime in our public schools, supported by 52 pages of interview notes, references and specific examples, provide irrefutable evidence that the current failures of our nation's public schools are not due to the lack of money but the impossibility of getting the money to the children who need it and for whom the money is allocated in the first place. Recent statistics show that students of all ages are not learning what they need to know, schools are overcome with violence, teachers are demoralized, and yet billions of dollars are literally shovelled into the system every year. The New York City school system receives more than $16 billion every year; Los Angeles, $7 billion; and Chicago, $3.6 billion. Where does this money go? We have all asked this question as we have walked through school hallways dodging the paint falling off the walls and ceilings, watching our children sitting on broken chairs, using bathrooms without running water or toilet paper, and struggling to achieve their personal best without the services and resources they are supposed to have. Battling Corruption in America's Public Schools is the first book ever to systematically examine school waste and corruption and how to fight it. Ms. Segal, an undercover school investigator turned law professor, documents where the money goes, how waste and fraud embedded in the operation of large school bureaucracies siphon money from classrooms, distort educational priorities, block initiatives, and what we can do to bring badly-needed change. She describes in detail how only a small percentage of the money allocated to students in our public schools actually gets used by them due to corruption and waste, and how city school systems scoring lowest on standardized tests tend to have the biggest criminal records and most payroll padding. Coding problems, the procurement process, compartmentalization and opacity of information leave administrators with only two options: good corruption (which ultimately helps the kids) and bad corruption (which never helps anyone but the perpetrator and his/her allies and accomplices). Indeed, the system fights those who try the good corruption route.

Ms. Segal argues that the problem is not usually bad people, but a bad system that focuses on process at the expense of results. Decades of rules and regulations along with layers of top-down supervision make it so hard to do business with school systems that they encourage the very fraud and waste they were designed to curb. She tells us about how the "godfathers" and "godmothers" (the school board members) obtain jobs for their "pieces" in order to protect the systemic waste and fraud from being dismantled or exposed. Fortunately, she writes, there are good people involved in the corruption as well who must violate the rules in order to get their jobs done. Nonetheless, absurdities abound: school systems following rules to save every penny spend thousands of dollars hunting down checks as small as $25; it takes so long to pay vendors for their work that some have to bribe school officials to move their checks along; caring Principals who want to fix leaky toilets may have to pay workers under the table because submitting a work order through the central office could, and often does, take years. Meanwhile, those who pilfer from classrooms get away with it because the pyramidal structure of large districts makes schools inherently difficult to oversee. What makes Battling Corruption in America's Public Schools a must-read is not only the fascinating - and depressing - details of the systemic wrong-doing but also Ms. Segal's suggestions for reform, based on the proven track records of school systems across North America that have successfully reduced waste and fraud and have pushed more resources into schools.

The pathology of the corruption suggests the remedy, Ms. Segal says, which is decentralization of power into the schools and the hands of the Principals. Distilling what successful school systems have done, Segal advocates new forms of oversight that do not clog up school systems and recommends giving principals more discretion over their school budgets as well as holding them accountable for job performance. She argues for "autonomy in exchange for performance accountability" as part of a bold, far-reaching plan for reclaiming our schools. Her conclusion is logical and convincing. Everyone who reads this book will find his or her perception of public school education changed forever. We cannot accept any longer that a generation of children has been abused by a system that is so full of greed and corruption without screaming "stop!" and "Your game is up!"

Segal reveals how systemic waste and fraud siphon millions of dollars from urban classrooms and shows how money is lost in systems that focus on process rather than on results, as well as how regulations established to curb waste and fraud provide perverse incentives for new forms of both. Anyone who is interested in school reform--this means anyone who pays taxes, is a parent or guardian of a child attending school, and/or who works toward a goal of establishing an education system that puts children first--must read this book. --

Lydia G. Segal is Associate Professor of Criminal Law and Public Administration at John Jay College of Criminal Justice, City University of New York.

The NYC BOE FAMIS Online Tour

The FAMIS Portal Online Tour provides an overview and demonstration of the FAMIS Portal. Computer speakers or headphones are recommended. Choose an item of interest below, or click on the Introduction to proceed through all of the modules in sequence.

About Me

Reporter, paralegal, advocate,I will investigate, search on the internet and in all data bases for information that will help a person in need of resolution to a problem.I believe in substantive and procedural due process for all individuals, groups and organizations and trademarked the term "e-accountability" to describe the purpose of my work. I am the parent of four daughters.

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